Michigan courts increasingly use alternative dispute resolution procedures (“ADR” for short) in an effort to resolve civil cases. In fact, MCR 2.410(A)(1) provides that “ll civil cases are subject to alternative dispute resolution”, which the rule defines as:
“any process designed to resolve a legal dispute in the place of court adjudication, and includes settlement conferences ordered under...
Often times in private arbitration agreements – especially those reached after a conflict has arisen between the parties – the parties will agree that any decision by an arbitrator must include a “reasoned award.” But just what constitutes a reasoned award and what happens when an arbitrator does not provide a reasoned award? Neither the Michigan Supreme Court, nor the Michigan Court...
In the fall of 2017, a special committee convened by the State Bar of Michigan released a report and draft of proposed rule changes to the Michigan Court Rules regarding discovery in civil actions. The Committee was asked: “in light of the issues surrounding discovery in civil litigation, should the Michigan Court Rules be revised and how?” The Committee’s response was that the Michigan...
Often times in private arbitration agreements — especially those reached after a conflict has arisen between the parties — the parties will agree that any decision by an arbitrator must include a “reasoned award.” But just what constitutes a reasoned award, and what happens when an arbitrator does not provide a reasoned award? Neither the Michigan Supreme Court nor the Michigan Court of...
In the fall of 2017, a special committee convened by the State Bar of Michigan released a report and draft of proposed rule changes to the Michigan Court Rules regarding discovery in civil actions. The Committee was asked: “In light of the issues surrounding discovery in civil litigation, should the Michigan Court Rules be revised and how?” The Committee’s response was that the Michigan Court...
Attorneys often find themselves in need of an affidavit or sworn testimony on a particular issue. For litigators, this commonly occurs with dispositive motions, motions seeking an injunction or other matters for which our clients bear a burden of proof. Obtaining an affidavit presents its own challenges, as under Michigan law the person signing the affidavit must be sworn and the signature...
The Michigan Court Rules provide that, as a means of dispute resolution, a party may, during the course of an action, make an “offer of judgment.” MCR 2.405. The offer, which must be written, is made by one party to another offering to enter a judgment for a sum certain, including all costs and attorney fees. MCR 2.405(A)(1). If the offer is accepted, the judgment is entered and the case is...
In January 2013, the Michigan Legislature enacted a six year statute of repose for all claims of legal malpractice. MCL 600.5838b. A statute of repose works together with a statute of limitations to operate as an ultimate time limitation on when a claim may be brought. In legal malpractice actions, the statute of limitations is two years from the date the attorney discontinues serving the...
Effective October 11, 2017, two amendments to Michigan’s Business Court Statute clarified the definitions and jurisdictional requirements under that statute for claims to be filed in the Business Court. The Legislature modified both MCL 600.8031 and 600.8035, which had the effect of adjusting Business Court jurisdiction through both expansion of power to hear certain claims (such as claims for...
By: Kenneth F. Neuman and Stephen T. McKenney
In current state court practice, almost all claims filed in the circuit court are ordered to case evaluation. Indeed, the wide ranging scope of claims that can be submitted to case evaluation, together with the general efficacy of case evaluation as a dispute resolution process, makes this general practice appealing.
But there are certain subsets...
